Section 62 Any person who violates or does not comply with section 13,
section 14, section 16, section 20, section 21, section 22, section 35 or section 36 shall be
liable to a fine not exceeding three hundred thousand Baht.
Section 63 Any person who reports or makes a notification under section 13,
section 14, section 16 or section 21 paragraph two by representing false statements of fact or
concealing the facts required to be revealed to the competent official shall be liable to
imprisonment for a term not exceeding two years or to a fine of fifty thousand to five hundred
thousand Baht or to both
Section 64 Any person who fails to give statements or to furnish written
explanations, accounts, documents or evidence under section 38 (1) or (2) or causes
obstruction or fails to render assistance to the acts under section 38 (3) shall be liable to
imprisonment for a term not exceeding one year or to a fine not exceeding twenty thousand
Baht or to both.
Any person who does any act to enable other persons to have knowledge of
the information retained under section 38 paragraph four shall be liable to the penalty
specified in paragraph one, except in the case of doing such act in the performance of official
duties or in accordance with the law.
Section 65 Any person who moves, damages, destroys, conceals, takes away,
causes loss of or renders useless any document, record, information or asset which is seized or
attached by the official or which is known or ought to be known to him as subsequently being
vested in the State under this Act shall be liable to imprisonment for a term not exceeding
three years or to a fine not exceeding three hundred thousand Baht or to both.
Section 66 Any person who, having or probably having knowledge of an
official secret in connection with the execution of this Act, acts in any manner that enables
other persons to have knowledge or probable knowledge of such secret shall be liable to
imprisonment for a term not exceeding five years or to a fine not exceeding one hundred
thousand Baht or to both, except in the case of doing such act in the performance of official
duties or in accordance with the law.
Countersigned by:
Chuan Leekpai
Prime Minister
Remarks:- At present, criminals committed an offense under certain laws has been dealing
with the money and the asset in many ways, which is money laundering, to use money or
asset for other crimes, which is difficult to fight using those laws, and the existing law could
not sufficiently suppress money laundering or deal with those money or asset. To break the
criminal cycle, there shall be measures to sufficiently suppress money laundering, this law
must be issued.
Duangjai/amended
8 November 44 (01)
A+B (C)
Patchara Suksumek
Orada Chaowarodom
Hataichanok Supyai
27/05/46(01)
The Emergency Decree on amendment of the Anti-Money Laundering Act B.E. 2542 (1999)
B.E. 2546 (2003)40
Remarks:- There is an amendment of the Penal Code prescribing offenses relating to terrorism
and the financing of terrorism is the factor aiding the more violent terrorism, which affects
national security, which the United Nations Security Council urges every countries and
jurisdictions to cooperate in fighting against terrorist act, as well as supporting in asset or
other means that are intended for use in the terrorist act, to end the terrorist problem. Terrorism shall be prescribed as a predicate offense under the Anti-Money Laundering Act
B.E. 2542 (1999) to coordinate these two laws in action which will enable effectiveness of
executing this provision in the Penal Code. There is emergency and necessity which could not
be avoided in maintaining the security of the Kingdom and the public, this Emergency Decree
must be issued.
Pongpilai/Yongyuth
6 October 2003
Orada/examined
3 March 2004
Pathomporn/Watinee/amended
16 August 2006
The Anti-Money Laundering Act (No.2) B.E. 2551 (2008)41
Section 28 The Secretary General under the Anti-Money Laundering Act
B.E. 2542 (1999), which has been in the position before this act come into force, shall become
the Secretary General under this act and perform the duties until the new secretary general is
appointed.
Remarks:- Some of the Anti-Money Laundering Act B.E. 2542 (1999) (AMLA)’s provisions
are not efficiently and appropriately enforced for eliminating or reducing criminal cycle and
as the law targets crimes prescribed in eight predicate offenses, resulting in reducing or
eliminating of crimes is not as the law’s will. This is because criminals in other criminal
offenses are still able to use money or asset derived from such crimes to facilitate the
commission of these eight predicate offenses. Furthermore, some of procedures in enforcing
the AMLA are not to be used at the desired speed. In order to break the criminal cycles
effectively as the law’s objectives, while the procedure in enforcement of the Anti-Money
Laundering Act is smooth swift efficient and effective, it is necessary to prescribe other
criminal offenses that obstruct peace and moral of the society, security and economic stability
of the State as predicate offenses, this law must be issued.
Index Page
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40. The Royal Gazette Volume 120/Part 76 A/Page 4/11 August 2546 (2003)
41. The Royal Gazette Volume 125/Part 40 A/Page 14/1 March 2551 (2008) |